PAUL v. RODGERS BOTTLING CO.

Docket No. 9782.

183 Cal.App.2d 680 (1960)

6 Cal. Rptr. 867

HARRISON PAUL, Appellant, v. RODGERS BOTTLING COMPANY (a Corporation), Respondent.

Court of Appeals of California, Third District.

August 11, 1960.


Attorney(s) appearing for the Case

J.W. Ehrlich and Edward F. Dullea for Appellant.

Thomas H. Healy for Respondent.


PEEK, J.

Plaintiff appeals from a judgment entered upon a defense verdict in an action brought to recover damages for certain illnesses alleged to have resulted from his consumption of a portion of a bottle of Sun Drop Cola bottled by the defendant, which, when opened, contained a dead mouse. Plaintiff's complaint consisted of two causes of action — one for negligence and one for breach of implied warranty.

The incident occurred on the afternoon of...

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